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Tepai v Tingiia [1978] SBLC 1; Land Case No 8 of 78 (22 September 1978)

SOLOMON ISLANDS

LAND DISPUTES

BETWEEN:

Edwin Tepai of Lavagu Village (Present)
Plaintiff:

AND:

Edward Tingiia of Tahanuku Village (Unpresent) representative
Hamuel Edward Second father.
Defendant

Held at Tahanuku Village on the 22nd Sept. 1978

Statement of claimed: Edwin Tepai claimeds that he is the owner all the Land. An area at east of Tahanuku, Land are as followed: Tagiua, Hakanaua, Henuatonu, Labagu, Makini, Teghai'ghai, Temagabu, Baiugua, Magukatasi, Tapakohe, Teguatu'u, Mugigangi and Niua at the sea side, which he and the defendant are presently dispute's in it's ownership. Fee paid on receipt No.93002, the sums of $10.00.

Plea; (Manga Goi) Not liable. (PLAINTIFF SWORN STATES)

This case mainly start at Tagiua. My father tailed me that Temoa is the first man to own all area that I claimed. When Temoa died his son Tepai take over. Tepai died his son - Nasiu, Take over the land. When Nasiu died his son Panio take place. When my father land Panio died I take over in the land. So now, I have a son he was in School (Name Erick) I think thats the man are having the right to take over the Land. But I don't know why these people using all the Land.

XXD by Defendant too: Plaintiff.

NO QUESTION.

PLAINTIFF SIDES END.

Defendant. States.

The area that Edwin claimed I know it from Nasiu, Nasiu have two sons name Tepai and Timotheus, Timotheus is the man that using all the Land that Edwin claimed. Timotheus gaved me some of his Land. Tepai report me to court so we two have been to Court in that area. The court also gave me, and Tepai lost his reports. The really son of Timotheus is Edward Tingiia he also allowed me and my families to use the Land. Time when Edwin Tepai small he leaved his father Panio and went to Lughu, East Rennell but I don't know why he claimed the land at this time. But first he came and brush Tagiua to plant his palnah. Edward and my son Bethuel went and cut all big trees and covered up the brushing place. That why he paid this Land Case. When we court about that area before, the court gave me, after our Court Moses says to me, You have the right to use the area, but only for the use of planting crops, the Land will own by Edward Tigiia, because the Land are own by Timotheus but he died so Edward Tingiia his son take over the Land, And I say to Moses Yes, I just only for the used of it but Edward is the Land Owner. At this time Edward gave Tagiua to his brother Bethuel this is how we used that area.

XXD by Plaintiff too. Hamuel.

Q. Why you all rejected me at that area?

A. You run away time you small.

Q. Why I paid this Land Case?

A. YOU only steal but you have no right to use the Land.

DEFENDANT SIDE ENDED.

XXD by Court to Def.

Q. Who was the really owner of the area?

A. Edward Timotheus's Son.

Q. Why your son Bethuel said he is the owner of Tagiua.

A. Edward gave his, because his brother.

XXD by Court to Plaintiff:

Q. Who worn your land case before?

A. Hamuel because he tolled all his lia stories, lia man.

Q. Have you got any mark in that area to saw that you have the right in that area?

A. My fathers Coconuts.

XXD by Court too. Defendant:

Q. Why you court about that area before?

A. Because Timotheus gave me some of his Land.

XXD by Court to PLAINTIFF:

Q. Why you leaved your father before and went to Lughu?

A. NO.

Q. You actually know that you are the owner of the Land that you claimed?

A. Yes.

NO FURTHER QUESTION.

JUDGEMENT

The Court found out that Edwin side are not the true Land Owner of the area. Because he leaved his father before and went to east (Lughu) Court only found out that both side are of the same family. Edwin Tepai gave his son Tekauga to Moses and families. So Court believeds Moses and Edward well gave some of the Land to Tekauga. Edwin's son. So no need for Edwin to claimed the Land.

DECISION:

THE LAND WILL OWN BY EDWARD AND TEKAUGA. NOT HAMUEL AND EDWIN.

THE PLAINTIFF ARE NOT SATISFIED WITH THE DECISION OF THIS COURT BUT HE DIDN'T GAVE ME ANY DETAILS. ONLY SAID HE DIDN'T SATISFIED WITH THE DECISION.